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UPWARD SCALE INVESTMENTS CO. LTD & 7 ORS.
V.
MWANGI KENG'ARA & CO. ADVOCATES

(2017) JELR 94594 (CA)

Court of Appeal 31 Mar 2017 Kenya
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Case Details

Suit Number:Civil Appeal 88 of 2015
Judges:Roselyn Naliaka Nambuye, Fatuma sichale, Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Upward Scale Investments Co. Ltd & 7 others v. Mwangi Keng'ara & Co. Advocates [2017] eKLR

JUDGMENT OF THE COURT

1. This appeal stems from an advocate/client relationship which turned sour when parties were unable to agree on legal fees. The appellants formed a consortium of consultants with the main objective of carrying out a joint 1 development venture, that is, the construction of an office block on LR No. 209/309/1. In furtherance of their objective, the appellants retained M/s Mercy Nduta Mwangi trading as Mwangi Keng’ara and Co. Advocates, the respondent herein, as their advocate. The respondent was tasked to act for the appellants in the purchase of the suit property, draw up an agreement regulating the appellants’ relationship and perform any other legal task which cropped up in relation to the joint venture.

2. A dispute arose when the respondent sent the appellants fee notes which they disputed. At one point the respondent claimed a total of Kshs. 14,503,435 as legal fees and even applied the sum of Kshs. 10,240,040/= which had been entrusted to her by the appellan…

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